RAMCHARAN SONI Vs. FRANCIS LAKDA

JUDGEMENT

(1.) THE short point arises for consideration is that the Motor Accidents Claims Tribunal constituted Under Section 110 of the Motor Vehicles Act, 1939 could entertain the claim for damages caused to the motor vehicle in an accident.

(2.) BEFORE the Motor Accidents Claims Tribunal, Raigarh presided over by the District Judge, Raigarh, the applicant/claimant made a claim for compensation relating to the damage caused to the scooter for the amount of Rs. 5,776/- which met with an accident. The appellant-claimant therefore, made an application Under Section 110-A of the Motor Vehicles Act, 1939. In the application, the claimant has claimed the damages caused to the scooter alone.

(3.) PROVISIONS of Section 110 of the Motor Vehicles Act, 1939 have been amended suitably from time to time. "Damages to any property of a third party" or to Motor Vehicles, have been added in the original Section 110 of the Motor Vehicles Act, 1939 by Amendment Act 56 of 1969 which came into force with effect from 2-3-1970. Therefore, for damages to Motor Vehicles also a claim could be entertained Under Section 110-A of the Motor Vehicles Act.